A Change to Probation’s Policy on Ordinary Extensions

If you've noticed an uptick in probation hearings on extensions, today’s post may help explain why. As of last month, Community Corrections will no longer seek ordinary extensions of probation without notice and a hearing. In other words, they will no longer seek “in chambers” extension orders, even when the defendant consents to them. As noted many times on this blog (first in 2009, here, and later in video form, here, among others), there are two types of probation extensions in North Carolina. I couldn’t tell you exactly why there are two types of extensions, and if I had my druthers there probably wouldn’t be, but there are, and they are governed by different statutory subsections. Ordinary extensions. Under G.S. 15A-1344(d), after notice and hearing and for good cause shown, the court may extend probation up to the maximum allowed under G.S. 15A-1342(a), which is five years for a regular post-conviction probation case and two years for a person on probation as part of a deferred prosecution or conditional discharge. Special purpose extensions. Under G.S. 15A-1342(a) and, for Structured Sentencing cases, G.S. 15A-1343.2(d), probation may be extended by up to three years beyond the original period of probation as long as three things are true: The extension is done within the last six months of the original (i.e., not previously extended) period of probation; The probationer consents to it; and The extension is necessary to complete a program of restitution or to complete medical or psychiatric treatment. The probation modification order [...]